Have you “Miaoya” today?
Have you Miaoya’d yet?
Recently, a WeChat mini-program called “Miaoya Camera,” an AI-powered camera that generates professional-quality portraits online, has taken social media by storm. For just RMB 9.9, users can upload 21 photos to generate a set of AI portraits comparable in quality to those from offline studios such as Tianzhenlan and Haimati, with the option to share them on WeChat Moments. Many users who posted their results online remarked that offline photo studios like Haimati and Tianzhenlan might as well shut down.
Core Features of Miaoya
The workflow of “Miaoya Camera” is quite simple, consisting of three core steps:Upload photos to create a digital avatar, select a template to generate portraits with one click, and fine-tune the generated portraits.
To use the Miaoya Camera mini-program, users must first upload one frontal photo of themselves (a half-body frontal shot). After the system processes and verifies this image, users must upload at least 20 additional photos taken under different lighting conditions, angles, expressions, and backgrounds. After uploading the photos, users must follow the Miaoya Camera official account and complete the payment process. The standard price is RMB 29.9, with a limited-time promotional price of RMB 9.9. Once the purchase is successful, refunds are not supported.
After extensive computation, the system ultimately generates portraits in various styles, such as business portraits and fashion posters. All generated images include watermarks. To download high-resolution images or the original files, users must pay an additional fee (priced at 2 diamonds within the app).
Despite minimal promotion, “Miaoya Camera” has attracted a large number of users to try it out and share their experiences. As the user base has grown, the waiting time for generating photos has extended to several hours, demonstrating its popularity. One user reported seeing 1,308 people ahead in the queue, with an estimated wait time of 3 hours and 25 minutes.
The rise of Miaoya Camera has raised concerns among privacy-conscious internet users:Will the photos I upload be used for purposes other than generating attractive portraits? Who owns the copyright to the photos I generate? If they are used in commercial advertisements, would that constitute infringement?
Laypeople see the spectacle; experts see the mechanics. In interviews with reporters, security technicians analyzed potential security risks associated with Miaoya Camera, focusing on two main areas:
First, the storage and protection of photos uploaded by users.Questions include whether uploaded photos will be stored, how long they will be retained, and whether there are risks of leakage during transmission and storage. If a data breach occurs due to external attacks or internal misconduct, users’ photos and related personal information could flow into the black market, potentially being used for targeted fraud or other criminal activities.
Second, whether uploaded photos will be used forAImodel training. If users’ photos are used for model training without their knowledge, certain facial features may appear in images generated elsewhere, which may be undesirable for users.
In this compliance review of Miaoya Camera by the Mankun team, we address these very questions.
1. Will Miaoya store my photos?
Some users pointed out that in the initial version of Miaoya Camera’s user agreement, users were required to grant Miaoya Camera a perpetual, irrevocable, transferable, sublicensable, free, and non-exclusive license to use user content in any form, through any media or technology (whether currently known or developed in the future), worldwide (including virtual spaces such as the metaverse).
According to publicly available business registration information, the entity operating Miaoya Camera is Weixu Network Technology (Shanghai) Co., Ltd., established in 2006 with a registered capital of USD 55.2 million. Its legal representative, Zhang Long, also serves as the legal representative, executive director, and general manager of Youku Video (Xi’an) Media Technology Co., Ltd. Media reports indicate that Miaoya Camera is a product of a startup team invested in by Alibaba Group.
Upon discovering that the product was backed by a major internet company, many industry insiders shared knowing smiles. This “overbearing clause” reflected the typical “we are your daddy” product attitude associated with certain tech giants, sparking dissatisfaction among numerous netizens.
In response, the Miaoya Camera team issued a statement on July 20: “We have received user feedback regarding the Miaoya user agreement.The original agreement contained errors. We promptly revised it based on the actual operations of Miaoya.We hereby solemnly commit that the photos you upload will be used solely for creating digital avatars. They will not be extracted, used for recognition, or employed for any other purposes, and will be automatically deleted once the avatar creation is complete.”
Unfortunately, the Mankun team reviewed this matter somewhat late and cannot comment on how remarkable the privacy policy was before the service went viral.
Given the current context, let us take Miaoya Camera’s V1.1 “Privacy Policy” and V1.2 “User Service Agreement,” both updated on July 20, 2023, as examples to discuss relevant privacy policy issues with AIGC entrepreneurs.
According to Article 2, Section (3) [Information Upload or Publication] of the Privacy Policy, when users voluntarily upload photos, Miaoya provides only image processing services, does not extract identifying information, and does not use the data for identification purposes. Upon completion of the service, the system will automatically delete the aforementioned information and will not retain it. Similar language is reiterated in Article 4.1.3(2) of Miaoya Camera’s User Service Agreement.
This means thataside from generating beautiful portraits, Miaoya will not retain users’ uploaded photos.
2. Will Miaoya use my data to train AI?
Since Miaoya does not retain images, there is naturally no issue of using user photos for AI model training.
Therefore, users can breathe a sigh of relief and need not worry that someday a suddenly popular digital human might bear an uncanny resemblance to their handsome or beautiful face.
3. Will Miaoya use my personal information?
To facilitate product usage, in addition to photo data, Miaoya collects other necessary user information, such as mobile phone numbers used for login, device information, and log data. These practices are standard operational procedures and generally do not warrant excessive concern.
Regarding the storage of this information, Miaoya’s policy states:
Article 5, Section (1) does not explicitly specify the retention period for collected user data. Instead, it states ambiguously, “We will retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless mandatory legal retention requirements apply.” This vague wording effectively sidesteps the issue.
Regarding the location of user data storage, Article 5, Section (2) [Storage Location] clearly stipulates that all data will be stored on servers within mainland China. Without separate user consent, no personal information will be transferred overseas.
4. Who owns my beautiful portraits?
According to the V1.2 “User Service Agreement” updated by Miaoya Camera on July 20, 2023: “Unless otherwise prescribed by law or agreed upon by both parties, ownership of AI-generated content belongs to you. You grant us the right to use such content solely for the purpose of displaying it to you.”
This phrasing is slightly convoluted. It can be understood as follows:
(1) Ownership of images generated by Miaoya Camera belongs to the user.
(2) Miaoya Camera cannot use the photos you paid to generate; it may only display them to you, the paying user. Therefore, if you discover that Miaoya has used your photos without your consent, you may sue for infringement.
Lawyer’s Summary
In the early stages of technological innovation, identifying application scenarios is often more critical. The viral success of Miaoya Camera allows us, as users, to appreciate an interesting and commercially viable application scenario for domestic AIGC, which is undoubtedly positive for AIGC entrepreneurs in China. Meanwhile, as legal professionals, we observe heightened attention and discussion among users and media regarding personal likeness and privacy data, as well as the startup team’s swift response and adjustments. All of these developments signify progress for the industry and society.
Regardless of how far Miaoya Camera goes in the future, its breakout success deserves a resounding quack: “Top-notch!”
